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2025 DAILYLAW 17250 (RAJ)

SMT RAKESH SHAH KANWAR W/O SHRI MAHAVEER SINGH v. STATE OF RAJASTHAN

CRLMB/5729/2025 · 2025-06-25

Ashutosh Kumar

body2025

Judgment text

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[2025:RJ-JP:23535] HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous Bail Application No. 5729/2025 Smt. Rakesh Shah Kanwar W/o Shri Mahaveer Singh, Aged About 41 Years, Resident Of Village Barnela P.S. Khatu, At Present Resident Of Plot No 340, Pratap Nagar Vistar, Vaidhji Ka Chauraha, P.S. Murlipura Jaipur. (Accused Petitioner Presently Confined In Central Jail, Jaipur). ----Accused-Applicant Versus State Of Rajasthan, Through PP ----Respondent For Applicant(s) : Mr. Sumit Kaswa, Adv. For Respondent(s) : Mr. Rishiraj Singh Rathore, Dy.GA HON'BLE MR. JUSTICE ASHUTOSH KUMAR (V. J.) Order 25/06/2025 1. The present bail application has been filed by the accused- applicant under Section 483 of the B.N.S.S, 2023 against the order dated 21.04.2025 passed by learned Additional Sessions Judge No.2, Jaipur Metropolitan-II in connection with FIR No.45/2025, registered at Police Station Murlipura, District Jaipur (West) for the offences punishable under Sections 318(4), 61(2)(a), 329(3), 329(4), 351(2) and 351(3) of BNS, 2023, by which the bail application of the accused-applicant under Section 483 of the B.N.S.S, 2023 has been dismissed. 2. Learned counsel for the accused-applicant submits that the accused-applicant has falsely been implicated in this matter. Learned counsel argues that the allegation against the accused- applicant is that she criminally intimidated the complainant for [2025:RJ-JP:23535] (2 of 3) [CRLMB-5729/2025] lodging false criminal cases against the complainant in lieu of taking property from the complainant. Learned counsel also argues that the charge-sheet against the accused-applicant has been filed for the offences punishable under Sections 318(4), 61(2)(a), 329(3), 329(4), 351(2) & 351(3) of BNS, 2023. Learned counsel contends that all the charges levelled against the accused- applicant are triable by Judicial Magistrate. Learned counsel also contends that the accused-applicant was arrested on 05.04.2025 and since then, she is behind the bars. Learned counsel prays that the charge-sheet has been filed and trial will take long time to conclude, therefore, the accused-applicant be enlarged on bail. 3. On the other hand, learned Public Prosecutor opposes the bail application. 4. Heard learned counsel for the parties and also perused the material available on record. 5. Having regard to the facts and circumstances of the case and considering the facts that the accused-applicant is behind the bars since 05.04.2025; that all the offences against the accused- applicant are triable by Judicial Magistrate; that the charge-sheet has been filed and trial will take long time to conclude, but without expressing any opinion on the merits/demerits of the case, this Court deems it proper to allow the bail application filed by the accused-applicant. 6. Consequently, this bail application filed under Section 483 of the B.N.S.S, 2023 is allowed. It is ordered that accused-applicant Smt. Rakesh Shah Kanwar W/o Shri Mahaveer Singh, arrested in FIR No. 45/2025, registered at Police Station Murlipura, District Jaipur (West) shall be released on bail; provided [2025:RJ-JP:23535] (3 of 3) [CRLMB-5729/2025] she furnishes personal bond in the sum of Rs.50,000/- and two solvent sureties of Rs.25,000/- each to the satisfaction of the learned trial Court. 7. The Accused-Applicant shall be required to appear before that Court on all dates of hearing and as and when called upon to do so. (ASHUTOSH KUMAR (V. J.)),J Mohita /28